Would it be possible to ask the employer to forward a letter to the individuals concerned on your behalf? I appreciate that this does not give you their contact details, but your letter could inform the individuals that you have a court order and will continue in your action to recover the money owed and how to then get in contact with you. They may respond (and similarly may not) in which case you have saved more court time and expense
Samantha Hill
Complaints & Information Disclosure Officer
University of Portsmouth
Tel: 02392 843642
>>> "Bradshaw, Phillip" <[log in to unmask]> 16/01/2009 12:09 >>>
Whilst agreeing with all comments, in Tim's scenario I expect I would
not disclose. The problem is I have no evidential basis to judge whether
any prejudice to the subject is unwarranted. Despite the judgement -
probably default and therefore not based on evidence - for all I know
Tim could be the demon landlord from hell (no insult intended !) who
drove these poor people into exile. I would wait for a court order or
better information.
Phillip Bradshaw
Information Manager
Clerk to the Council
Room CY4B, County Hall
EMail: [log in to unmask] <mailto:[log in to unmask]>
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
It is not the strongest of the species that survives, nor the most
intelligent, but the one most responsive to change.
Charles Darwin
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bailey, Trish
Sent: 16 January 2009 11:59
To: [log in to unmask]
Subject: [data-protection] Thoughts on release of data, please
Tim
I recently had a request that was similar to your circumstances and was
quoting s35 as a right of access to personal data on a third party to
assist in a legal case to recover monies owned on rent etc - I could not
satisfy the DPA and refused it on the grounds that it would potentially
breach the principle(s).
S35 does not obligate an organisation holding the data to release third
party data, I quote the IC guidance
S35(1)"where the disclosure is required by or under any enactment, by
any rule of law or by the order of the court, personal data are exempt
from the non-disclosure provisions. In these circumstances, the legal
obligation overrides any objection which the data subject may have, but
an element of fairness can still be applied"
S35(2)
"a data controller is not obliged to disclose personal data pursuant to
a request made by a third party under s35(2)".
That is not saying that the data would not be released but the DC has to
be satisfied that the release does not breach DPA. Individuals with
legal procedures to recover money is a difficult one in terms of
balancing the need to help individuals to recover their money and the
rights and expectation of the data subject for protection his/her data.
Your best bet is to obtain a Court Order requesting the organisation to
hand the data over to you (or the Court), this way the DC remain covered
by the DPA (s35) in the event that the data subject challenges the DC
about the release of personal data.
Hope this helps
Many thanks
Regards
trish
Trish Bailey
Information Governance
Telford & Wrekin Council
Civic Offices, PO Box 59
Telford, TF3 4WZ
www.telford.gov.uk <http://www.telford.gov.uk>
em: [log in to unmask] <mailto:[log in to unmask]>
tel: 01952 382535
mb: 07528 969455
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 16 January 2009 09:24
To: [log in to unmask]
Subject: Thoughts on release of data, please
I could do with an opinion, please.
I own a small house that I rent out to a tenant who is in arrears with
her rent. She has a rent guarantor who has signed a contract with me to
guarantee the rent and given his then current employer's name and then
current address in the contract.
I have obtained a county court judgment against both the tenant and the
guarantor for the full sum plus court costs
The tenant has vaporised and the guarantor is no longer with that
employer and no longer at his original address. Both are untraceable.
Neither has responded to the judgment and bailiffs are having,
unsurprisingly, no success.
So what has this to do with the DPA?
Yesterday I approached the guarantor's ex employer, explained the
situation, produced the CCJ and the contract with me as evidence that I
am not some "casual enquirer" and that I have a reasonably justifiable
need to have details of the man's current whereabouts.
They refused, stating that to supply me with these details would break
the DPA.
The question, and one which is hard for me to answer because I am
personally involved, is, "Do I have any right to press for data
regarding the guarantor, and, if so, what do I need to quote in order to
get the data released?"
--
________________________________
Tim Trent - Consultant
Tel: +44 (0)7710 126618
web: ComplianceAndPrivacy.com - where busy executives go to find the
news first
personal blog: timtrent.blogspot.com/ - news, views, and opinions
personal website: Tim's Personal Website <http://www.trent.karoo.net> -
more than anyone needs to know
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